On Dec. 2, 2002, the baby, 19-month-old Jade, collapsed and doctors learned she had a broken rib, a torn intestine, bruises to her head, chest and back and a vaginal injury, the Journal reports. She died two months later.

The coroner testified the toddler died of blunt force trauma injuries to her head and body in 2002.

In October 2007, Kimberly Mawson was found guilty of the child’s brutal death, the newspaper reports.

At the time, the judge called Mawson, "a cold hearted murderer, a dangerous person who refused to come to grips with the fact that she killed the baby to who she initially gave life," the Journal reports

But, through the trial, defense attorney Kevin Bristow maintained it was Fusco who committed the crime. Prosecutors had made a deal with him to testify against Mawson in exchange for dropping drug charges against him.

But last week, the Rhode Island Supreme Court ordered the Superior Court to hear a motion for a new trial after Richard K. Corley, the lawyer for Mawson’s ex-boyfriend, contacted the high court disciplinary counsel David M. Curtin, the Journal reports.

He said Fusco had said in 2002 that he had lied to the police and that he was responsible for the child’s death, the Journal reports, citing an emergency motion asking that Mawson be released on bail.

If Mawson, now 39, is able to make bail, she will be released with restrictions limiting her travel. She is expected to return to Winsted.